We, us, our, and similar language refers to Bloomsday Home, Inc., a Delaware corporation..

You, your, yours, and similar language refers to – well, you, the user and/or purchaser of our Products.  We make a few additional assumptions about who you are:

• If you are a consumer, that there is one single human accessing our Products through a given user name.
• If you are a business, that the individual agreeing to these terms and conditions has all permissions and authorizations to access our Products and commit to paying our fees.
• You are at least 18 years old.  Our Products are not intended for people who younger than 18 years old.
• You allow us to assume that any person accessing our Products with your username and password is either you or someone duly authorized by you.

We do not provide professional advice of any kind.  In using our Products to make sense of your real estate documents, you may surface important legal, tax, accounting issues, or the like.  Our Products are not designed or intended to substitute counsel by your real estate agent, lawyer, or accountant, and you agree that we have no liability to you or any third parties for decisions made as a result of the Products.  You further agree that you and we do not have a fiduciary relationship to one another.

We’re always trying to do our best, and stay on the frontlines of homebuying trends, software management, and all of the things you rely upon us to track so that you don’t have to.  That said, our Products are provided “AS-IS.”  If you have ideas on how to improve our Products, please tell us!  Do know that we do not compensate for such ideas, and you agree that no compensation will be owed for any ideas shared with us.

We may charge you a fee to use our Products, the details of which are on our website.  We may change this fee in our absolute discretion.  You agree to make payments to us in advance, not in arrears, and we have a right to automatically renew your fees at the then-prevailing rate unless you tell us in advance that you would not like to auto-renew.  You also give us a license to what you upload into our Products, which license we discuss in the section “Intellectual Property.”

We’re always trying to do our best, and stay on the frontlines of homebuying trends, software management, and all of the things you rely upon us to track so that you don’t have to.  That said, our Products are provided “AS-IS.”  If you have ideas on how to improve our Products, please tell us!  Do know that we do not compensate for such ideas, and you agree that no compensation will be owed for any ideas shared with us.

• Uploading anything that you do not have lawful right to share (because doing so would violate someone’s copyright or trademark, a duty of confidentiality through contract or otherwise, or something similar);
• Intentionally uploading anything fraudulent, false, or otherwise illegal;
• Reverse engineering, disassembling, decompiling, or otherwise attempting to derive our dataset (in whole or in part) or the identity of particular homes or homeowners, whether by automated means or otherwise;
• Distributing, copying, modifying, renting, leasing, subleasing, licensing, sublicensing, or transferring our dataset (in whole or in part);
• Creating any derivative works based on our dataset (in whole or in part); and,
• Anything else that violates these terms and conditions (which probably goes without saying, but just to be clear)

We take these prohibitions very seriously.  If we find or suspect that you are violating any of the above, we may suspend or terminate your account, upon minimal notice or no notice, and you agree that we have no duty to refund any money you may have paid prior to such suspension and/or termination.  If you are paying for other users’ access to our Products (for example, if you are a real estate professional providing seats to your homebuying clients), you agree that we may hold you responsible for the actions of such other users, including suspension and/or termination of your account (including access for other users under your account) and no refund of any money you may have paid prior to such suspension and/or termination.  We know that that’s harsh – but that is how seriously we take this.

When you upload content to any of our Products, you grant to us a perpetual, nonexclusive, transferable, sublicensable, royalty-free, and worldwide license to use, reproduce, modify, distribute, adapt, publicly display, and publish your content, and to create derivative works based upon your content.  For example, if you upload your home’s inspection report, we may collect the information in it, along with information in the inspection reports of nearby homes, to identify neighborhood trends.  You can learn more about our use of your data in our privacy policy, which is subject to these terms and conditions.

If you feel that we did something wrong, we hope that you will reach out to us so that we can amicably resolve the issue.  If you want to seek legal recourse, you and we agree that any dispute between us will be subject to the laws of the State of Colorado, excluding its principles of conflicts of law.  You agree that claims of injunctive or equitable relief or claims concerning intellectual property will be settled exclusively in the U.S. District Court for the District of Colorado or a state court in the City and County of Denver, Colorado.  You and we waive any claim of inconvenient forum.  You agree that other claims will be finally determined and settled in accordance with the Judicial Arbitration and Mediation Service, Inc. by three arbitrators appointed in accordance with its rules.  The arbitration shall take place in Denver, Colorado, and be conducted in English.  The prevailing party shall be entitled to costs and reasonable attorneys’ fees.  If you prevail over us, the total reimbursement for costs and reasonable attorneys’ fees may not exceed amounts paid by you to us in the twelve months preceding the claim giving rise to your claim.  Having written all of that, you agree that we, in our sole discretion, may initiate any dispute against you in any competent court in the jurisdiction where you reside.  These terms and conditions, including any documents specified in the terms and conditions, constitute the entire agreement between you and us.  If a court rules that any of these terms are unenforceable, then that specific term will be removed and the rest of the agreement shall remain in force.  No third-party rights are conveyed in this agreement.  You may not transfer or assign your rights under these terms and conditions without our prior express consent.  We have the right to change your username – though we do not plan to do so, and intend to be reasonable with you if we need to exercise this right.  References to a "waitlist" do not imply any order of requests; we may accept (or reject) applications for credentials for any reason in our sole discretion. We reserve all rights available to us.  We may update these terms and conditions at any time and without any advance notice.

We hope that we haven’t lost you!  To repeat, these terms and conditions govern all of the Products that we offer, unless we explicitly state that these terms and conditions do not apply.  By accessing or using our Products, you agree to these terms and conditions in their entirety.

Last updated March 27, 2024.